A federal judge has tossed out a lawsuit Gander Mountain Inc. filed last year against the landlord of its shuttered former location in Broome County. / File Photo

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JOHNSON CITY — A federal judge has tossed out a lawsuit Gander Mountain Inc. filed last year against the landlord of its shuttered former location in Broome County.

Gander Mountain, which operated a 47,450-square-foot outdoors outlet on Harry L Drive between 2004 and 2011, in May 2012 filed a lawsuit against Long Island-based Islip U-Slip LLC.

The company alleged that Pathmark Stores, Inc., which preceeded Islip U-Slip as owner of the property, had knowledge the 4.6-acre parcel was prone to flooding that it failed to disclose while the lease was being negotiated in 2004. Gander Mountain alleged in the lawsuit that Islip U-Slip assumed Pathmark's interests and liabilities on the land when it purchased the property in 2010.

In legal documents, Gander Mountain argued the remainder of its $15 million lease — on which the company still owed $2.2 million at the time the lawsuit was filed — should be rescinded.

“... The landlord remained silent and did not disclose that the premises and/or Harry L Drive had been flooded by Finch Hollow Creek and/or related sewer backups in April 1993 and January 1996, and/or possibly in March 1986 and February 2000 as well,” Gander Mountain’s complaint states.

In legal documents filed in response, Islip U-Slip called the lawsuit “nothing more than Gander Mountain’s attempt to disregard its legal obligations by conjuring up a plethora of pretextual excuses ...”

U.S. District Court Judge Mae A. D’Agostino agreed with Islip U-Slip and dismissed the case in a 29-page decision issued last week. She noted Gander Mountain did not take legal action when the Johnson City store was struck by flooding in 2006.